In the 1998 case of Mary Koegel Fertel-Rust v. Milwaukee County Mental Health Center et al., plaintiff Mary Koegel Fertel-Rust, a psychiatrist employed by the Milwaukee County Mental Health Center, alleged that she was subjected to gender discrimination and retaliation in violation of Title VII of the Civil Rights Act. She claimed that her employer had created a hostile work environment through various actions such as denying her promotion opportunities, reducing her responsibilities and pay without cause, and retaliating against her for filing complaints about this treatment. The district court granted summary judgment in favor of the defendants on all claims. Upon appeal to Seventh Circuit Court, it affirmed dismissal of some claims but reversed others including retaliation claim which was remanded back for trial at District Court level.

The dissenting opinion in the case of Mary Koegel Fertel-Rust v. Milwaukee County Mental Health Center et al., 1998, argued that the majority's interpretation of the Americans with Disabilities Act (ADA) was too narrow and failed to adequately protect individuals with disabilities from discrimination. The dissent contended that by focusing on whether an individual could perform tasks without assistance or modification, rather than considering if they were substantially limited in a major life activity as defined by ADA, the court had effectively excluded many people who should be protected under this law. They also disagreed with the majority's view that working is not a major life activity under ADA, arguing instead that it is one of most important activities for adults and thus should be included within its scope.